International Criminal Court: Chronology

14 December 2006: In the Darfur situation, Prosecutor Moreno-Ocampo submits his fourth report to the Security Council. His says that his office “is moving to the completion of the investigation and presentation of evidence in relation to the first case” and is continuing to investigate other crimes, in particular those hampering efforts to bring peace to the region. His office has found evidence of crimes falling within the jurisdiction of the Court, including crimes against humanity (persecution, murder and willful killing, rape and other forms of sexual violence, inhumane acts, beatings and deprivation of liberty, torture, imprisonment or sever depravation of liberty, destruction of property, and forcible transfer of civilians) and war crimes (willful killings, extra-judicial killings, rapes, intentional attacks on civilians, inhumane acts, cruel treatment, outrages upon personal dignity, and pillaging). His office is also looking into crimes that have spilled across the border into Chad and the Central African Republic, both ICC state parties.

10 December 2006: Judge Maureen Harding Clark resigns from the Court’s Trial Division effective immediately in order to serve on the High Court of Ireland. In accordance with the Rome Statute, the Assembly of States Parties will elect a judge to fill the vacancy.

23 November – 1 December 2006: The Assembly of States Parties (ASP) holds its fifth session, during which it adopts four resolutions. The resolution on strengthening the ICC and the ASP includes, inter alia, provisions on cooperation between the Court and the United Nations system, on the outreach activities of the Court, on the arrears of States Parties, and on the preparation for a Review Conference of the Rome Statute. The resolution on the 2007 program budget approves a budget of €88,871,800 and a staffing level of 647. It also decides that the Court shall adopt the scale of assessments for the apportionment of expenses of the UN. In the resolution on a permanent premises for the Court, the ASP requests the Court to focus on purpose-built premises on the Alexanderkazerne site, without prejudice to the prerogative of the Assembly to make a final decision on where to permanently house the Court. On the resolution on the strategic planning process of the Court, the ASP recommends that the Court focus on the concrete implementation of the Strategic Plan of the Court, including the location of the activities of the Court, the position of victims, the outreach and communication activities of the Court, and the relationship between the Strategic Plan and the budget. The ASP will hold its resumed fifth session January 29-31, 2007.

9 November 2006: In the Lubanga case, the confirmation of charges hearing of Thomas Lubanga Dyilo begins despite a request for further postponement by the defense. The hearing is expected to last until November 28, after which the judges will have 60 days to decide whether to proceed with a full trial, dismiss the charges, or order the Prosecutor to amend the charges.

7 November 2006: In the Kony et al. case, the Office of the Prosecutor confirms that LRA commander Raska Lukwiya, charged with crimes against humanity and war crimes, was killed during fighting with government forces on August 12, 2006.

15 October 2006: In the Darfur situation, two American attorneys working with the Darfur Rehabilitation Project report that they have submitted the first applications on behalf of victims who wish to participate in the proceedings.

9 October 2006: ICC President Philippe Kirsch presents the ICC’s second annual report to the United Nations General Assembly, focusing on the Court’s urgent need for cooperation from States, the UN, and regional organizations.

4 October 2006: In the Uganda situation, in response to a query from the Registry the Ugandan government acknowledges the positive impact the ICC warrants have had in encouraging the LRA leadership to attend peace negotiations and clarifies that it seeks to find “a permanent end to the violence that serves the need for peace and justice, compatible with [Rome Statute] obligations.”

20 September 2006: In the Lubanga case, the Pre-Trial Chamber postposes the confirmation of charges hearing and announces that it will choose a new date after consulting with the parties at a status conference meeting on 26 September.

28 August 2006: The prosecutor formally charges Thomas Lubanga Dyilo with enlisting and conscripting children under the age of 15 and using them to participate actively in hostilities.

12 August 2006: In the Uganda situation, it is reported that LRA commander Raska Lukwiya, the subject of an ICC arrest warrant, has been killed.

6 July 2006: In the Uganda situation, the Pre-Trial Chamber unseals DNA results showing that the purported corpse of indicted LRA commander Dominic Ongwen is not his.

28 June 2006: In the Lubanga case, the Prosecutor informs the Pre-Trial chamber and Defense that he has decided to temporarily suspend the investigation of other potential charges against Thomas Lubanga Dyilo until the close of proceedings pertaining to the charge of conscription, enlistment or use in hostilities of child soldiers.

20 June 2006: The Bureau of the Assembly of States Parties elects by consensus Arthur N.R. Robinson, former President and Prime Minister of Trinidad and Tobago, to the Board of Directors of the Trust Fund for Victims.

14 June 2006: In the Darfur, Sudan, situation, the Prosecutor reports to the Security Council on the status of the OTP investigation. He informs the Council that the OTP is investigating the situation from outside of Darfur due to the continuing insecurity in the region and that crimes that he has documented thus far include a significant number of large scale massacres during which particular victims were targeted as a consequence of their group membership, as well as hundreds of rapes. The Prosecutor has “identified specific cases for full investigation and possible prosecution” and anticipates that due to the scale of the crimes and complexity of identifying those most responsible the investigation and prosecution will proceed as a sequence of cases. At the present time, there is no indication that national authorities are investigating and prosecuting those cases on which the OTP is now concentrating its efforts.

1 June 2006: In the Uganda situation, the International Criminal Police Organization (Interpol) issues Red Notices requesting the arrest and detention of the five indicted Lords Resistance Army commanders. The notices, which will be transmitted to 184 countries, are the first to be issued by Interpol following a request by the Prosecutor.

26 April 2006: The ICC Prosecutor confirms that his office is examining the admissibility of an application filed by the Central African Republic (CAR). The application relates to crimes committed by former President Ange-Felix Patasse and four others, including Jean-Pierre Bemba, currently a vice-president of the Democratic Republic of Congo, during a failed coup attempt in October 2002. On April 13, the CAR Court of Appeal ruled that national courts were unable to handle the case and confirmed a December 2004 lower court ruling recommending its transfer to the ICC.

10 April 2006: The European Union signs an accord with the ICC in which it promises full cooperation with the Court’s activities.

20 March 2006: Thomas Lubanga Dyilo makes his initial appearance before the Court, at which time the Pre-Trial Chamber verifies his identity and satisfies itself that he has been informed of the crimes of which he is accused as well as his rights under the Rome Statute.

17 March 2006: In relation to the situation in the DRC, Thomas Lubanga Dyilo, the alleged founder and leader of the Union des Patriotes Congolais (UPC) militia, now registered as a political party, becomes the first accused to be transferred to the ICC. Lubanga, who has been in the custody of the DRC government since March 2005, is charged with the war crimes of conscripting and enlisting children under the age of fifteen years and using them to participate actively in hostilities. The Pre-Trial Chamber granted the Prosecutor’s request to issue the arrest warrant against Lubanga on February 10th.

9 February 2006: Responding to information received by the Office of the Prosecutor on alleged crimes in Iraq, Chief Prosecutor Moreno-Ocampo determines that, although there a reasonable basis to believe that the war crimes of willful killing and inhumane treatment have been committed by persons under the jurisdiction of the Court, it does not appear that this situation meets the admissibility criteria of the Statute at this time. He notes that, in determining if a situation is admissible, one factor he must consider is its gravity, with a key consideration being the number of victims of particularly serious crimes. While the information available indicates that there are around 20 victims of these crimes in Iraq, the other situations currently under investigation or consideration by the Court involve hundreds if not thousands of victims of large-scale violence.

26 January 2006: Six judges are elected to the ICC bench during the first round of elections at the resumed session of the 4th Assembly of States Parties: Ekaterina Trendafilova (Bulgaria), Anita Usacka (Latvia), Erkki Kourula (Finland), Akua Kuenyehia (Ghana), Sang-hyun Song (Republic of Korea), Hans-Peter Kaul (Germany). Trendafilova is the only judge who has not previously served, replacing Tuiloma Neroni Slade (Samoa). States Parties were required to vote for at least one female, one African, one Asian and two Eastern European candidates. These criteria were all met in the first round, in which all six judges were elected. The ICC bench is now comprised of eight women and ten men.

17 January 2006: With regard to the situation in the Democratic Republic of Congo, Pre-Trial Chamber I rules that the Rome Statute and the Rules of Procedure and Evidence allow victims to present their views and concerns, file documents, and request the Pre-Trial Chamber to order specific measures at the investigative stage of a situation. It further finds that all six applicants requesting the right to participate meet the necessary criteria under Article 68(3) to be accorded the status of “victims” at this stage of the proceedings.